made at any time, whether before or after the person is charged and whether before or after the person is charged and whether in the course of investigations under this Act or not and whether or not wholly or partly in answer to question, by the person to or in the hearing of an Assistant Controller or a police officer not below the rank of Inspector, or any other person concerned or not in the case shall be admissible at his trial in evidence and, if the person tenders himself as a witness, any such statement may be used in cross-examination and for the purpose of impeaching his credit:
Provided that -----
(a) no such statement shall be admissible or used as aforesaid --------
(i) if the making of the statement appears to the court to
have been caused by any inducement, threat or
promise having references to the charge against such person proceeding from the
person in authority
and sufficient in the opinion of the court to give a person grounds which would
appear to him reasonable
for supposing that by making it he would gain any advantage or avoid any evil of
a temporal nature in
reference to the proceedings against him; or
(ii) in the case of a statement made by the person
after his arrest, unless the court is satisfied that he was
cautioned in the following words or words to the like effect:
"It is my duty to warn you that you are not obliged to say anything or to
answer any question but
anything you say, whether in answer to a question or not, may be given in
evidence."; and
(b) a statement made by any person before there
is time to caution him shall not be rendered inadmissible in
evidence merely by reason of his not having been caution if he is cautioned as
soon as possible.
(2) Notwithstanding the provisions of any written law to the contrary, a person accused of an offence to which subsection (1) applies shall not be bound to answer any question relating to the case after he has been cautioned.
Where a person discloses to any person any information obtained by him in pursuance of this Act, he shall be
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